The fair compensation, as outlined in Article 7:681 of the Dutch Civil Code (BW), serves as an additional sanction for employers in Tilburg in cases of dismissal due to seriously culpable conduct, such as discrimination or negligent reintegration. Unlike the transition compensation, this is not standard and depends on circumstances: the duration of employment, the employer's behavior, and the employee's income. In Tilburg, with its thriving industrial and healthcare sectors, such cases are frequently observed in dismissals from companies like textile or machinery factories.
Examples: In cases of justified dismissal during illness without reintegration efforts by a Tilburg-based employer, this compensation can amount to €100,000 or more. The subdistrict court in Tilburg determines the amount, often ranging from 3 to 12 months' salary. As of 2025, stricter requirements apply due to recent case law from the Supreme Court, including rulings from the Central Brabant region.
There is no cumulative limitation with the transition compensation, so the total amount may be higher. Claims can only be filed via a UWV dismissal permit or through proceedings at the Oost-Brabant District Court, subdistrict sector Tilburg. Build your case with evidence such as emails, witness statements, and local labor inspection reports.
Strategy: Combine with a transition compensation claim for maximum results. Free advice is available through the Legal Counter Tilburg or trade union offices in the Spoorzone. Success depends on the quality of your dossier and knowledge of regional case law.